Evidence: admissibility.

Under existing law, when a person consults a mediator or mediation service for the purpose of retaining mediation services, or when parties agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a civil dispute, anything said in the course of the consultation for mediation services or in the course of mediation is not admissible in evidence nor subject to discovery in any other civil action or proceeding. Existing law provides that evidence that is otherwise admissible is not inadmissible solely because it was introduced or used in a mediation or mediation consultation. Existing law requires that in marital nullity, dissolution, and legal separation matters, each party serve on the other party a declaration of disclosure that includes a characterization of all assets and liabilities, as specified. This bill would provide that the above-described declarations of disclosure are admissible as evidence even if they are prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation. The bill would also declare the intent of the Legislature that the bill codify the holding of a specified court case.